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Category Archives: Case Study

New Family Law Terminology: “Uncoupling”

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When One Parent Won’t Pay Child Support

Back child support is becoming an overwhelming problem in our society today with $108 billion in back child support owed in 2009. When one parent refuses to pay or simply can’t afford the child support there isn’t much the other parent can do. Legally they can be thrown into jail for failing to pay child support but it doesn’t solve the issue that the children are not being taken care …

What If One Spouse Doesn’t Want a Divorce?

There are situations where a couple cannot agree on whether or not to get a divorce. One spouse might feel that the marriage can be saved with counseling, or have reservations about divorce due to the children being involved or religious reasons. When once spouse is unwavering on their decision for divorce, it is their right to have one. However, there are a few things a couple can do in …

Colorado Man Seeks Custody of Child Adopted Without Consent

For several years now Robert Manzanares has attempted to gain custody of his nearly 6 year old daughter from adoptive parents in Utah. He filed a petition of paternity in Colorado before his daughter’s birth yet the birth mother moved to Utah and gave up her baby for adoption without Manzanares consent or knowledge. The adoptive family are the birth mother’s brother and sister-in-law and have allowed Manzanares to visit …

States Without Gay Marriage Must Question Gay Divorces

As more and more states legalize same sex marriages there has become a need for divorces of some of those marriages but these same sex couples are facing an unusual situation. With traditional marriages, if a couple moved to another state and wanted to obtain a divorce, they would just go through the legal process no matter the state they currently lived in. But with same sex couples, the marriages …

Florida Egg-Donor Given Parental Rights

Recently, a Florida state court ruled that a child’s egg donor could seek full custody of her 9 year-old daughter after her civil union with the child’s birth mother dissolved. Currently the Florida statute limits parental rights to either sperm or egg donors because most practices of such donors are to be anonymous. This case with a same-sex couple intended to have one woman be the “donor” similar to a …

Hope for International Adoptions

Millions of children worldwide live in orphanages or live on the street without any parental care, over 650,000 in Russia alone. Many American families seeking to adopt children had looked internationally for children because the adoptions were cheaper and there is such a need to give homes to orphaned children in many eastern European and Asian countries. However due to illegal actions such as fraud, bribery and child-trafficking in the …

How Will Legal Marijuana Change Parenting and Custody Battles

When Colorado legalized the recreational smoking and commercial growing of marijuana for retailers, it opened up a new can of worms for custody disputes. In the past, drug use was often a topic in custody disputes and many times drug use could make or break a dispute. But if a divorcing parent smokes marijuana it shouldn’t be held against them in the custody dispute unless the drug use has lead …

Colorado Dad Struggles to Regain Custody of Daughters

Dennis Burns of Aspen, Colorado was awarded by the courts the position of “primary residential parent” of his 2 daughters after his divorce with Ana Alianelli. Early in the divorce process, Alianelli claimed she was an abused wife and for that reason needed to have sole custody and move to her original homeland of Argentina. The judge found no evidence of abuse and denied her request to move with her …

Colorado’s No-Fault Divorce

The concept that 2 people can get a divorce and it isn’t either’s fault almost seems like a foreign concept in our own rationalities. Many divorcing or divorced individuals can give lists of reasons their marriage failed and often times lists of faults of their ex. But a no-fault divorce only means that the requirement for the divorce is not limited to certain “faults” of one party. In the past …